Commonwealth Consolidated Acts

SNOWY HYDRO CORPORATISATION ACT 1997 - SECT 28

             (1)  This section applies in relation to a person who was an employee of the Snowy Mountains Hydro‑electric Authority immediately before the corporatisation date if, at that time, the employee's period of service for the purposes of the Long Service Leave Act was less than 10 years.

             (2)  This section does not apply in relation to an employee who dies while in the employment of a Snowy hydro‑group company. Section 29 covers such employees.

             (3)  Subject to subsection (6), if the employee stops being an employee of a Snowy hydro‑group company on or after the day on which his or her combined service period reaches 10 years, the hydro‑group company must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 30(2).

             (4)  Subject to subsection (6), if:

                     (a)  the employee stops being an employee of a Snowy hydro‑group company, on or after reaching the minimum retiring age, or because of retrenchment; and

                     (b)  at that time the employee's combined service period is at least one year;

the hydro‑group company must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 30(2).

             (5)  Subject to subsection (6), if:

                     (a)  the employee stops being an employee of a Snowy hydro‑group company; and

                     (b)  the hydro‑group company is satisfied that the employee left the hydro‑group company because of ill‑health that justified his or her so leaving; and

                     (c)  when the employee left, his or her combined service period was at least one year;

the hydro‑group company must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 30(2).

             (6)  An employee may, by written notice given to a Snowy hydro‑group company before the employee stops being an employee of the hydro‑group company:

                     (a)  request the hydro‑group company not to make a payment to the employee under this section; or

                     (b)  request the hydro‑group company to make a payment under subsection (3), (4) or (5) of a stated amount that is less than the amount that would otherwise be payable under that subsection.

             (7)  The hydro‑group company must comply with a request made under subsection (6).

             (8)  For the purposes of this section, the rate of salary to be used in working out the full salary of an employee is the rate that would be applicable to the employee under section 21 of the Long Service Leave Act if:

                     (a)  that section applied to the employee; and

                     (b)  for the expression "sections 16 and 17" in that section there were substituted the expression "section 28 of the Snowy Hydro Corporatisation Act 1997 ".